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(영문) 서울남부지방법원 2018.06.21 2017노2072

사기

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

1. Each sentence sentenced to the first to fourth instances of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

- The first instance judgment of KRW 3 million - the second instance of KRW 2: Imprisonment with prison labor of KRW 1 year and 6 months - the second instance of KRW 1 million - the fourth instance of KRW 4: Imprisonment with prison labor of KRW 3 months;

2. Prior to the judgment on the grounds for appeal by the defendant, this Court tried at ex officio prior to the judgment on the grounds for appeal by the defendant. This Court held that each appeal case by the first-class judgment of the first-class judgment of the first-class judgment of the court below was concurrently examined, and each of the offenses of fraud by the first-class judgment of the court of first-class and fourth-class judgment against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be punished as a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The Defendant recognized each of the instant crimes; and the Defendant paid damages to certain victims: (i) The instant crime was committed by deceiving many and unspecified persons for a period of up to six months by using the Internet goods trading site, thereby deceiving a large amount of money exceeding 6 million won from the 16 victims, which is not good.